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This project is co-funded by the
European Union
TENDER NO: BCG/EU/TNR/002/TENDER NO: BCG/EU/TNR/002/TENDER NO:
BCG/EU/TNR/002/TENDER NO: BCG/EU/TNR/002/
The Project Manager The Project Manager The Project Manager The
Project Manager CHIEF OFFICER, CHIEF OFFICER, CHIEF OFFICER, CHIEF
OFFICER,
DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PUBLIC WORKS AND
DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PUBLIC WORKS AND
INFRASTRUCTUREINFRASTRUCTUREINFRASTRUCTUREINFRASTRUCTURE
P.O.BOX 53 P.O.BOX 53 P.O.BOX 53 P.O.BOX 53 ----
30400,30400,30400,30400,
KABARNET.KABARNET.KABARNET.KABARNET.
PROPOSED DRILLING & EQUIPPING OF
BOREHOLE AND INSTALLATION OF A
RETICULATION SYSTEM AT MAOI SLAUGHTER
HOUSE IN BARINGO SOUTH SUB
COUNTY GOVERNMENT OF BARINGOCOUNTY GOVERNMENT OF BARINGOCOUNTY
GOVERNMENT OF BARINGOCOUNTY GOVERNMENT OF BARINGO
T E N D E R D O C U M E N T
FOR
THE PROPOSED
TENDER NO: BCG/EU/TNR/002/TENDER NO: BCG/EU/TNR/002/TENDER NO:
BCG/EU/TNR/002/TENDER NO:
BCG/EU/TNR/002/2012012012019999----2020202020202020
DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PUBLIC WORKS AND
DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF PUBLIC WORKS AND
The Employer The Employer The Employer The Employer BARINGO
COUNTY GOVERNMENT, BARINGO COUNTY GOVERNMENT, BARINGO COUNTY
GOVERNMENT, BARINGO COUNTY GOVERNMENT,
P.O. BOX 53P.O. BOX 53P.O. BOX 53P.O. BOX
53----30400,30400,30400,30400,
KABARNET. KABARNET. KABARNET. KABARNET.
JJJJULYULYULYULY2019201920192019
PROPOSED DRILLING & EQUIPPING OF
BOREHOLE AND INSTALLATION OF A
RETICULATION SYSTEM AT MAOI SLAUGHTER
HOUSE IN BARINGO SOUTH SUB-COUNTY, BARINGO COUNTY
BARINGO COUNTY GOVERNMENT, BARINGO COUNTY GOVERNMENT, BARINGO
COUNTY GOVERNMENT, BARINGO COUNTY GOVERNMENT,
PROPOSED DRILLING & EQUIPPING OF
BOREHOLE AND INSTALLATION OF A
RETICULATION SYSTEM AT MAOI SLAUGHTER
COUNTY,
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TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF
CONTENTS
.....................................................................................................................................................................
1 SECTION I – INVITATION TO TENDERS
....................................................................................................
32
SECTION II - INSTRUCTIONS TO TENDERERS
...........................................................................................
43
SECTION III (A) - APPENDIX TO INSTRUCTIONS TO TENDERERS -
REQUIREMENTS ................................. 12
SECTION III (B) - APPENDIX TO INSTRUCTIONS TO TENDERERS –
EVALUATION CRITERIA ................ 1719
SECTION IV - CONDITIONS OF CONTRACT
.........................................................................................
2023
SECTION V - APPENDIX TO CONDITIONS OF CONTRACT
..................................................................
3437
SECTION VI - DRAWINGS AND SPECIFICATIONS
..................................................................................
3639
SECTION VII - BILLS OF QUANTITIES
.....................................................................................................
3740
RELIMINARIES
.......................................................................................................................................
3842
SECTION VIII - STANDARD FORMS
.......................................................................................................
4852
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SECTION I SECTION I SECTION I SECTION I –––– INVITATION TO
TENDERSINVITATION TO TENDERSINVITATION TO TENDERSINVITATION TO
TENDERS
TENDER REFERENCE: BCG/EU/TNR/002/TENDER REFERENCE:
BCG/EU/TNR/002/TENDER REFERENCE: BCG/EU/TNR/002/TENDER REFERENCE:
BCG/EU/TNR/002/2012012012019999----2020202020202020
TENDER NAME: PROPOSED DRILLING & EQUIPPING OF BOREHOLE AND
INSTALLATION OF A TENDER NAME: PROPOSED DRILLING & EQUIPPING OF
BOREHOLE AND INSTALLATION OF A TENDER NAME: PROPOSED DRILLING &
EQUIPPING OF BOREHOLE AND INSTALLATION OF A TENDER NAME: PROPOSED
DRILLING & EQUIPPING OF BOREHOLE AND INSTALLATION OF A
RETICULATION SYSTEM AT MAOI SLAUGHTER HOUSE IN BARINGO SOUTH
SUBRETICULATION SYSTEM AT MAOI SLAUGHTER HOUSE IN BARINGO SOUTH
SUBRETICULATION SYSTEM AT MAOI SLAUGHTER HOUSE IN BARINGO SOUTH
SUBRETICULATION SYSTEM AT MAOI SLAUGHTER HOUSE IN BARINGO SOUTH
SUB----COUNTY, BARINGO COUNTY, BARINGO COUNTY, BARINGO COUNTY,
BARINGO
COUNTYCOUNTYCOUNTYCOUNTY
1.1. The County Government of Baringo, here and in the
subsequent sections referred to as the procuring entity in
partnership with European Union (EU) now invites sealed Tenders
from eligible candidates
for the PPPProposed roposed roposed roposed DDDDrilling
&rilling &rilling &rilling &EEEEquipping of
quipping of quipping of quipping of BBBBorehole and orehole and
orehole and orehole and IIIInstallation of a nstallation of a
nstallation of a nstallation of a RRRReticulation eticulation
eticulation eticulation SSSSystem at Maoi ystem at Maoi ystem at
Maoi ystem at Maoi
SlaughteSlaughteSlaughteSlaughterhouse under National Open
Tender.rhouse under National Open Tender.rhouse under National Open
Tender.rhouse under National Open Tender.
1.2. Interested eligible candidates may obtain further
information and inspect Tender Documents and the Design Drawings at
the Supply Chain Management offices, Located at the County
Government of Baringo, AFC building during normal working hour or
they may download the same from the county
website www.baringo.go.ke, and the national government tenders
web-portal www.tenders.go.ke free of charge. There shall be a
mandatory site visit scheduled for 10am, Wednesday31stJuly and
Tuesday, 6thAugust2019, interested bidders are requested to meet
at the Supply Chain Management
Office, located at Agricultural Finance Corporation Building,
Baringo - Kabarnet on or before
0900hrs, both days;
1.3. Prices quoted should be net inclusive of all taxes, must be
in Kenya shillings and shall remain valid for 120 days from the
closing date of tender;
1.4. The tenderer shall provide a Tender Security of KSh.150,000
(Kenya Shillings One Hundred and Fifty Thousands) in form of a 1)
Bankers Cheque written in favor of ‘Baringo County EU IDEAS Special
Purpose Account’, or, (2) Hard Cash, or (3) Bank Guarantee from a
reputable bank or an insurance company approved by PPRA and valid
120 days from the date of opening date of the tender;
1.5. Completed tender documents are to be enclosed in plain
sealed envelopes marked with tender name and reference number as
per Instructions to Tenders and addressed to:
THE COUNTY THE COUNTY THE COUNTY THE COUNTY
SECRETARYSECRETARYSECRETARYSECRETARY BARINGO COUNTY
GOVERNMENTBARINGO COUNTY GOVERNMENTBARINGO COUNTY GOVERNMENTBARINGO
COUNTY GOVERNMENT
P.O BOX 53 P.O BOX 53 P.O BOX 53 P.O BOX 53 ––––
30400,30400,30400,30400,
BARINGOBARINGOBARINGOBARINGO
To be deposited in the To be deposited in the To be deposited in
the To be deposited in the tender box situated at the Supply Chain
Management offices, Agricultural
Finance Corporation building so as to be received on or before
WednesdayWednesdayWednesdayWednesday,,,,
14141414ththththAugustAugustAugustAugust 2019, at 122019, at
122019, at 122019, at 12.00.00.00.00
noonnoonnoonnoon. . . . Tenders will be opened immediately
thereafter in the presence of the candidates or their
representatives who choose to attend;
1.6. Tenderers may request for clarifications via email to
[email protected]
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SECTION II SECTION II SECTION II SECTION II ---- INSTRUCTIONS TO
TENDERERSINSTRUCTIONS TO TENDERERSINSTRUCTIONS TO
TENDERERSINSTRUCTIONS TO TENDERERS
1.1.1.1. General; Eligibility/Qualifications/Joint venture/Cost
of tenderingGeneral; Eligibility/Qualifications/Joint venture/Cost
of tenderingGeneral; Eligibility/Qualifications/Joint venture/Cost
of tenderingGeneral; Eligibility/Qualifications/Joint venture/Cost
of tendering
1.1 The Employer as defined in the Appendix to Conditions of
Contract invites tenders for Works Contract as described in the
tender documents. The successful tenderer will be expected to
complete
the Works by the Intended Completion Date specified in the
tender documents.
1.2 All tenderers shall provide the Qualification Information, a
statement that the tenderer (including all members of a joint
venture and subcontractors) is not associated, or has not been
associated in the
past, directly or indirectly, with the Consultant or any other
entity that has prepared the design,
specifications, and other documents for the project or being
proposed as Project Manager for the
Contract. A firm that has been engaged by the Employer to
provide consulting services for the
preparation or supervision of the Works, and any of its
affiliates, shall not be eligible to tender.
1.3 All tenderers shall provide in the Form of Tender and
Qualification Information, a preliminary
description of the proposed work method and schedule, including
drawings and charts, as necessary.
1.4 In the event that pre-qualification of potential tenderers
has been undertaken, only tenders from pre-qualified tenderers will
be considered for award of Contract. These qualified tenderers
should
submit with their tenders any information updating their
original pre-qualification applications or,
alternatively, confirm in their tenders that the originally
submitted pre-qualification information
remains essentially correct as of the date of tender
submission.
1.5 Where no pre-qualification of potential tenderers has been
done, all tenderers shall include the
following information and documents with their tenders , unless
otherwise stated:
(a) copies of original documents defining the constitution or
legal status, place of registration, and principal place of
business; written power of attorney of the signatory of the tender
to
commit the tenderer:
(b) total monetary value of construction work performed for each
of the last three years: (c) experience in works of a similar
nature and size for the last five years, and details of work
under way or contractually committed; and names and addresses of
clients who may be
contacted for further information on these contracts;
(d) major items of construction equipment proposed to carry out
the Contract and an undertaking that they will be available for the
Contract.
(e) Qualifications and experience of key site management and
technical personnel proposed for the Contract and an undertaking
that they shall be available for the Contract.
(f) reports on the financial standing of the tenderer, such as
profit and loss statements and auditor’s reports for the past three
years;
(g) evidence of adequacy of working capital for this Contract
(access to line(s) of credit and availability of other financial
resources);
(h) authority to seek references from the tenderer’s bankers;
(i) information regarding any litigation, current or during the
last three years, in which the
tenderer is involved, the parties concerned and disputed amount;
and
(j) Proposals for subcontracting components of the Works
amounting to more than 10 percent of the Contract Price.
1.6 Tenders submitted by a joint venture of two or more firms as
partners shall comply with the following requirements, unless
otherwise stated:
(a) the tender shall include all the information listed in
clause 1.5 above for each joint venture partner;
(b) the tender shall be signed so as to be legally binding on
all partners; (c) all partners shall be jointly and severally
liable for the execution of the Contract in accordance
with the Contract terms;
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(d) one of the partners will be nominated as being in charge,
authorized to incur liabilities, and receive instructions for and
on behalf of all partners of the joint venture; and
(e) The execution of the entire Contract, including payment,
shall be done exclusively with the partner in charge.
1.7 To qualify for award of the Contract, tenderers shall meet
the following minimum qualifying criteria;
(a) annual volume of construction work of at least 2.5 times the
estimated annual cash flow for the Contract;
(b) experience as main contractor in construction of at least
five years (c) two works of a nature and complexity equivalent to
the Works over the last 10 years (to
comply with this requirement, works cited should be at least 70
percent complete);
(d) proposals for the timely acquisition (own, lease, hire,
etc.) of the essential equipment listed as required for the
Works;
(e) a Contract manager with at least five years’ experience in
works of an equivalent nature and volume, including no less than
three years as Manager; and
(f) Liquid assets and/or credit facilities, net of other
contractual commitments and exclusive of any advance payments which
may be made under the Contract, of no less than 4 months of the
estimated payment flow under this Contract.
1.8 The figures for each of the partners of a joint venture
shall be added together to determine the tenderer’s compliance with
the minimum qualifying criteria of clause 1.7 (a) and (e); however,
for a
joint venture to qualify, each of its partners must meet at
least 25 percent of minimum criteria 1.7
(a), (b) and (e) for an individual tenderer, and the partner in
charge at least 40 percent of those
minimum criteria. Failure to comply with this requirement will
result in rejection of the joint venture’s tender. Subcontractors’
experience and resources will not be taken into account in
determining the tenderer’s compliance with the qualifying
criteria, unless otherwise stated.
1.9 Each tenderer shall submit only one tender, either
individually or as a partner in a joint venture. A tenderer who
submits or participates in more than one tender (other than as a
subcontractor or in
cases of alternatives that have been permitted or requested)
will cause all the proposals with the
tenderer’s participation to be disqualified.
1.10 The tenderer shall bear all costs associated with the
preparation and submission of his tender, and the Employer will in
no case be responsible or liable for those costs.
1.11 The tenderer, at the tenderer’s own responsibility and
risk, is encouraged to visit and examine the Site of the Works and
its surroundings, and obtain all information that may be necessary
for
preparing the tender and entering into a contract for
construction of the Works. The costs of visiting
the Site shall be at the tenderer’s own expense.
1.12 The procuring entity’s employees, committee members, board
members and their relative (spouse and children) are not eligible
to participate in the tender.
1.13 The procuring entity shall allow the tenderer to review the
tender document free of charge.
2.2.2.2. Tender DocumentsTender DocumentsTender DocumentsTender
Documents
2.1 The complete set of tender documents comprises the documents
listed below and any addenda issued in accordance with Clause
2.4.
(a) These Instructions to Tenderers (b) Appendix to Instructions
to Tenderers (c) Conditions of Contract (d) Appendix to Conditions
of Contract (e) Specifications (f) Drawings (g) Bills of
Quantities
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(h) Standard Forms 2.2 The tenderer shall examine all
Instructions, Forms to be filled and Specifications in the
tender
documents. Failure to furnish all information required by the
tender documents, or submission of a
tender not substantially responsive to the tendering documents
in every respect will be at the
tenderer’s risk and may result in rejection of his tender.
2.3 A prospective tenderer making an inquiry relating to the
tender documents may notify the Employer in writing or by cable,
telex or facsimile at the address indicated in the letter of
invitation to tender.
The Employer will only respond to requests for clarification
received earlier than seven days prior to
the deadline for submission of tenders. Copies of the Employer’s
response will be forwarded to all
persons issued with tendering documents, including a description
of the inquiry, but without
identifying its source.
2.4 Before the deadline for submission of tenders, the Employer
may modify the tendering documents by issuing addenda. Any addendum
thus issued shall be part of the tendering documents and shall be
communicated in writing or by cable, telex or facsimile to all
tenderers. Prospective tenderers
shall acknowledge receipt of each addendum in writing to the
Employer.
2.5 To give prospective tenderers reasonable time in which to
take an addendum into account in preparing their tenders, the
Employer shall extend, as necessary, the deadline for submission
of
tenders, in accordance with Clause 4.2 here below.
3.3.3.3. Preparation of TendersPreparation of TendersPreparation
of TendersPreparation of Tenders 3.1 All documents relating to the
tender and any correspondence shall be in English language.
3.2 The tender submitted by the tenderer shall comprise the
following:
(a) These Instructions to Tenderers, Appendix to Instructions to
Tenderers, Conditions of Contract, Appendix to Conditions of
Contract and Specifications;
(b) Form of Tender (c) Tender Security; (d) Priced Bill of
Quantities ; (e) Qualification Information Form and other Standard
Forms; (f) Alternative offers where invited; and (g) Any other
materials required to be completed and submitted by the
tenderers.
3.3 The tenderer shall fill in rates and prices for all items of
the Works described in the Bill of Quantities. Items for which no
rate or price is entered by the tenderer will not be paid for when
executed and
shall be deemed covered by the other rates and prices in the
Bill of Quantities. All duties, taxes, and
other levies payable by the Contractor under the Contract, or
for any other cause relevant to the
Contract, as of 30 days prior to the deadline for submission of
tenders, shall be included in the
tender price submitted by the tenderer.
3.4 The rates and prices quoted by the tenderer shall only be
subject to adjustment during the
performance of the Contract if provided for in the Appendix to
Conditions of Contract and
provisions made in the Conditions of Contract.
3.5 The unit rates and prices shall be in Kenya Shillings.
3.6 Tenders shall remain valid for a period of one twenty (120)
days from the date of submission. However in exceptional
circumstances, the Employer may request that the tenderers extend
the
period of validity for a specified additional period. The
request and the tenderers’ responses shall be made in writing. A
tenderer may refuse the request without forfeiting the Tender
Security. A
tenderer agreeing to the request will not be required or
permitted to otherwise modify the tender,
but will be required to extend the validity of Tender Security
for the period of the extension, and in
compliance with Clause 3.7 - 3.11 in all respects.
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3.7 The tenderer shall furnish, as part of the tender, a Tender
Security in the amount and form specified in the appendix to
invitation to tenderers. This shall be in the amount not exceeding
2.5 percent of
the tender price
3.8 The format of the Tender Security should be in accordance
with the form of Tender Security included
in Section G - Standard forms or any other form acceptable to
the Employer. Tender Security shall be
valid for 30 days beyond the validity of the tender.
3.9 Any tender not accompanied by an acceptable Tender Security
shall be rejected. The Tender Security of a joint venture must
define as “Tenderer” all joint venture partners and list them in
the following
manner: a joint venture consisting of”…………”,”…………”,and
“…………”.
3.10 The Tender Securities of unsuccessful tenderers will be
returned within 28 days of the end of the tender validity period
specified in Clause 3.6.
3.11 The Tender Security of the successful tenderer will be
discharged when the tenderer has signed the Contract Agreement and
furnished the required Performance Security.
3.12 The Tender Security may be forfeited
(a) if the tenderer withdraws the tender after tender opening
during the period of tender validity;
(b) if the tenderer does not accept the correction of the tender
price, pursuant to Clause 5.7; (c) in the case of a successful
tenderer, if the tenderer fails within the specified time limit
to
(i) sign the Agreement, or
(ii) Furnish the required Performance Security.
3.13 Tenderers shall submit offers that comply with the
requirements of the tendering documents, including the basic
technical design as indicated in the Drawings and Specifications.
Alternatives will
not be considered, unless specifically allowed in the invitation
to tender. If so allowed, tenderers
wishing to offer technical alternatives to the requirements of
the tendering documents must also
submit a tender that complies with the requirements of the
tendering documents, including the basic
technical design as indicated in the Drawings and
Specifications. In addition to submitting the basic
tender, the tenderer shall provide all information necessary for
a complete evaluation of the
alternative, including design calculations, technical
specifications, breakdown of prices, proposed
construction methods and other relevant details. Only the
technical alternatives, if any, of
The lowest evaluated tender conforming to the basic technical
requirements shall be considered
3.14 The tenderer shall prepare one original of the documents
comprising the tender documents as described in Clause 3.2 of these
Instructions to Tenderers, bound with the volume containing the
Form of Tender, and clearly marked “ORIGINAL”. In addition, the
tenderer shall submit copies of the tender, in the number specified
in the invitation to tender, and clearly marked as “COPIES”. In
the event of discrepancy between them, the original shall
prevail.
3.15 The original and all copies of the tender shall be typed or
written in indelible ink and shall be signed by a person or persons
duly authorized to sign on behalf of the tenderer, pursuant to
Clause 1.5 (a)
or 1.6 (b), as the case may be. All pages of the tender where
alterations or additions have been
made shall be initialed by the person or persons signing the
tender.
3.16 Clarification of tenders shall be requested by the tenderer
to be received by the procuring entity not later than 7 days prior
to the deadline for submission of tenders.
3.17 The procuring entity shall reply to any clarifications
sought by the tenderer within 3 days of receiving the request to
enable the tenderer to make timely submission of its tender.
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3.18 The tender security shall be in the amount and in the form
stated in the Invitation for Tender.
4.4.4.4. SubmSubmSubmSubmission of Tendersission of
Tendersission of Tendersission of Tenders 4.1 The tenderer shall
seal the original and all copies of the tender in two inner
envelopes and one outer
envelope, duly marking the inner envelopes as
“ORIGINALORIGINALORIGINALORIGINAL” and “COPIESCOPIESCOPIESCOPIES”
as appropriate. The
inner and outer envelopes shall:
(a) be addressed to the Employer at the address provided in the
invitation to tender; (b) bear the name and identification number
of the Contract as defined in the invitation to
tender; and
(c) Provide a warning not to open before the specified time and
date for tender opening. 4.2 Tenders shall be delivered to the
Employer at the address specified above not later than the time
and
date specified in the invitation to tender. However, the
Employer may extend the deadline for
submission of tenders by issuing an amendment in accordance with
Sub-Clause 2.5 in which case all
rights and obligations of the Employer and the tenderers
previously subject to the original deadline will then be subject to
the new deadline.
4.3 Any tender received after the deadline prescribed in clause
4.2 will be returned to the tenderer un-opened.
4.4 Tenderers may modify or withdraw their tenders by giving
notice in writing before the deadline prescribed in clause 4.2.
Each tenderer’s modification or withdrawal notice shall be
prepared,
sealed, marked, and delivered in accordance with clause 3.13 and
4.1, with the outer and inner
envelopes additionally marked
“MODIFICATION”MODIFICATION”MODIFICATION”MODIFICATION” and
“WITHDRAWALWITHDRAWALWITHDRAWALWITHDRAWAL”, as appropriate. No
tender may be modified after the deadline for submission of
tenders.
4.5 Withdrawal of a tender between the deadline for submission
of Tender and the expiration of the period of tender validity
specified in the invitation to tender or as extended pursuant to
Clause 3.6
may result in the forfeiture of the Tender Security pursuant to
Clause 3.11.
4.6 Tenderers may only offer discounts to, or otherwise modify
the prices of their tenders by submitting tender modifications in
accordance with Clause 4.4 or be included in the original tender
submission.
5.5.5.5. Tender Opening and EvaluationTender Opening and
EvaluationTender Opening and EvaluationTender Opening and
Evaluation
5.1 The tenders will be opened by the Employer, including
modifications made pursuant to Clause 4.4, in the presence of the
tenderers’ representatives who choose to attend at the time and in
the place
specified in the invitation to tender. Envelopes marked
“WITHDRAWALWITHDRAWALWITHDRAWALWITHDRAWAL” shall be opened and
read
out first. Tenderers’ and Employer’s representatives who are
present during the opening shall sign a
register evidencing their attendance.
5.2 The tenderers’ names, the tender prices, the total amount of
each tender and of any alternative tender (if alternatives have
been requested or permitted), any discounts, tender modifications
and withdrawals, the presence or absence of Tender Security, and
such other details as may be
considered appropriate, will be announced by the Employer at the
opening. Minutes of the tender
opening, including the information disclosed to those present
will be prepared by the Employer.
5.3 Information relating to the examination, clarification,
evaluation, and comparison of tenders and recommendations for the
award of Contract shall not be disclosed to tenderers or any other
persons
not officially concerned with such process until the award to
the successful tenderer has been
announced. Any effort by a tenderer to influence the Employer’s
officials, processing of tenders or
award decisions may result in the rejection of his tender. 5.4
To assist in the examination, evaluation, and comparison of
tenders, the Employer at his discretion,
may ask any tenderer for clarification of the tender, including
breakdowns of unit rates. The request
for clarification and the response shall be in writing or by
cable, telex or facsimile but no change in
the price or substance of the tender shall be sought, offered,
or permitted except as required to
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confirm the correction of arithmetic errors discovered in the
evaluation of the tenders in accordance
with Clause 5.7.
5.5 Prior to the detailed evaluation of tenders, the Employer
will determine whether each tender (a) meets the eligibility
criteria defined in Clause 1.7;(b) has been properly signed; (c) is
accompanied by the required securities; and (d) is substantially
responsive to the requirements of the tendering
documents. A substantially responsive tender is one which
conforms to all the terms, conditions and
specifications of the tendering documents, without material
deviation or reservation. A material
deviation or reservation is one (a) which affects in any
substantial way the scope, quality, or
performance of the works; (b) which limits in any substantial
way, inconsistent with the tendering
documents, the Employer’s rights or the tenderer’s obligations
under the Contract; or (c) whose
rectification would affect unfairly the competitive position of
other tenderers presenting substantially
responsive tenders.
5.6 If a tender is not substantially responsive, it will be
rejected, and may not subsequently be made responsive by correction
or withdrawal of the nonconforming deviation or reservation.
5.7 Tenders determined to be substantially responsive will be
checked for any arithmetic errors. Errors will be corrected as
follows:
(a) where there is a discrepancy between the amount in figures
and the amount in words, the amount in words will prevail; and
(b) where there is a discrepancy between the unit rate and the
line item total resulting from multiplying the unit rate by the
quantity, the unit rate as quoted will prevail, unless in the
opinion of the Employer, there is an obvious typographical error,
in which case the
adjustment will be made to the entry containing that error.
(c) In the event of a discrepancy between the tender amount as
stated in the Form of Tender and the corrected tender figure in the
main summary of the Bill of Quantities, the amount as
stated in the Form of Tender shall prevail.
(d) The Error Correction Factor shall be computed by expressing
the difference between the tender amount and the corrected tender
sum as a percentage of the corrected Builder’s
Work (i.e. Corrected tender sum less P.C. and Provisional
Sums)
(e) The Error Correction Factor shall be applied to all
Builder’s Work (as a rebate or addition as the case may be) for the
purposes of valuations for Interim Certificates and valuation
of
variations.
(f) the amount stated in the tender will be adjusted in
accordance with the above procedure for the correction of errors
and, with
Concurrence of the tenderer shall be considered as binding upon
the tenderer. If the
tenderer does not accept the corrected amount, the tender may be
rejected and the Tender
Security may be forfeited in accordance with clause 3.11.
5.8 The Employer will evaluate and compare only the tenders
determined to be substantially responsive in accordance with Clause
5.5.
5.9 In evaluating the tenders, the Employer will determine for
each tender the evaluated tender price by adjusting the tender
price as follows:
(a) making any correction for errors pursuant to clause 5.7; (b)
Excluding provisional sums and the provision, if any, for
contingencies in the Bill of
Quantities, but including Day works where priced
competitively.
(c) making an appropriate adjustment for any other acceptable
variations, deviations, or alternative offers submitted in
accordance with clause 3.12; and
(d) making appropriate adjustments to reflect discounts or other
price modifications offered in accordance with clause 4.6
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5.10 The Employer reserves the right to accept or reject any
variation, deviation, or alternative offer. Variations, deviations,
and alternative offers and other factors which are in excess of
the
requirements of the tender documents or otherwise result in
unsolicited benefits for the Employer
will not be taken into account in tender evaluation.
5.11 The tenderer shall not influence the Employer on any matter
relating to his tender from the time of
the tender opening to the time the Contract is awarded. Any
effort by the Tenderer to influence the
Employer or his employees in his decision on tender evaluation,
tender comparison or Contract
award may result in the rejection of the tender.
5.12 Firms incorporated in Kenya where indigenous Kenyans own
51% or more of the share capital shall be allowed a 10%
preferential bias provided that they do not sub-contract work
valued at more
than 50% of the Contract Price excluding Provisional Sums to a
Non-indigenous sub-contractor.
6.6.6.6. Award of ContractAward of ContractAward of
ContractAward of Contract 6.1 Subject to Clause 6.2, the award of
the Contract will be made to the tenderer whose tender has been
determined to be substantially responsive to the tendering
documents and who has offered the
lowest evaluated tender price, provided that such tenderer has
been determined to be (a) eligible in
accordance with the provision of Clauses 1.2, and (b) qualified
in accordance with the provisions of
clause 1.7 and 1.8.
6.2 Notwithstanding clause 6.1 above, the Employer reserves the
right to accept or reject any tender, and to cancel the tendering
process and reject all tenders, at any time prior to the award
of
Contract, without thereby incurring any liability to the
affected tenderer or tenderers or any obligation to inform the
affected tenderer or tenderers of the grounds for the action.
6.3 The tenderer whose tender has been accepted will be notified
of the award prior to expiration of the tender validity period in
writing or by cable, telex or facsimile. This notification
(hereinafter and in
all Contract documents called the “Letter of Acceptance”) will
state the sum (hereinafter and in all
Contract documents called the “Contract Price”) that the
Employer will pay the Contractor in
consideration of the execution, completion, and maintenance of
the Works by the Contractor as
prescribed by the Contract. At the same time the other tenderers
shall be informed that their tenders
have not been successful.The contract shall be formed on the
parties signing the contract.
6.4 The Agreement will incorporate all agreements between the
Employer and the successful tenderer. Within 14 days of receipt the
successful tenderer will sign the Agreement and return it to
the
Employer.
6.5 Within 21 days after receipt of the Letter of Acceptance,
the successful tenderer shall deliver to the Employer a Performance
Security in the amount stipulated in the Appendix to Conditions
of
Contract and in the form stipulated in the Tender documents. The
Performance Security shall be in
the amount and specified form
6.6 Failure of the successful tenderer to comply with the
requirements of clause 6.5 shall constitute
sufficient grounds for cancellation of the award and forfeiture
of the Tender Security.
6.7 Upon the furnishing by the successful tenderer of the
Performance Security, the Employer will promptly notify the other
tenderers that their tenders have been unsuccessful.
6.8 Preference where allowed in the evaluation of tenders shall
not be allowed for contracts not exceeding one year (12 months)
6.9 The tender evaluation committee shall evaluate the tender
within 30 days of the validity period
from the date of opening the tender.
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6.10 The parties to the contract shall have it signed within 30
days from the date of notification of contract award unless there
is an administrative review request.
6.11 Contract price variations shall not be allowed for
contracts not exceeding one year (12 months) 6.12 Where contract
price variation is allowed, the valuation shall not exceed 15% of
the original
contract price.
6.13 Price variation request shall be processed by the procuring
entity within 30 days of receiving the request.
6.14 The procuring entity may at any time terminate procurement
proceedings before contract award and shall not be liable to any
person for the termination.
6.15 The procuring entity shall give prompt notice of the
termination to the tenderers and on request give its reasons for
termination within 14 days of receiving the request from any
tenderer.
6.16 A tenderer who gives false information in the tender
document about its qualification or who refuses to enter into a
contract after notification of contract award shall be considered
for debarment from
participating in future public procurement.
7.7.7.7. Corrupt and Fraudulent practices Corrupt and Fraudulent
practices Corrupt and Fraudulent practices Corrupt and Fraudulent
practices 7.1 The procuring entity requires that tenderers observe
the highest standards of ethics during
procurement process and execution of contracts. A tenderer shall
sign a declaration that he has not and will not be involved in
corrupt and fraudulent practices.
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SECTION III (A) SECTION III (A) SECTION III (A) SECTION III (A)
---- APPENDIX TO INSTRUCTIONS TO TENDERERS APPENDIX TO INSTRUCTIONS
TO TENDERERS APPENDIX TO INSTRUCTIONS TO TENDERERS APPENDIX TO
INSTRUCTIONS TO TENDERERS ----
REQUIREMENTSREQUIREMENTSREQUIREMENTSREQUIREMENTS
1.1. General; Where there is a contradiction between Section II–
Instructions to Tenderers and Section III- Appendix to Instructions
to Tenderers, the latter (Section III -
Appendix to Instruction to Tenderers) shall be the
reference;
1.2. Under Section II – Instructions to Tenderers, line 2.1, add
(h) - Invitation to Tender
1.3. Delete the whole of lines 1.3, 1.5, and 1.7 of Section II –
Instructions to Tenderers and replace with below table of mandatory
requirements belowmandatory requirements belowmandatory
requirements belowmandatory requirements below. Eligible tenders
must meet & submit the following information in the form
requested under ‘Documentation Required’Documentation
Required’Documentation Required’Documentation Required’ column in
order to qualify for
further evaluation;
Table 1 Table 1 Table 1 Table 1 –––– Mandatory
RequirementsMandatory RequirementsMandatory RequirementsMandatory
Requirements
SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement
BidderBidderBidderBidder Documentation RequiredDocumentation
RequiredDocumentation RequiredDocumentation Required Provided
Provided Provided Provided
(Y/N)/ or (Y/N)/ or (Y/N)/ or (Y/N)/ or
N/AN/AN/AN/A Single EntitySingle EntitySingle EntitySingle
Entity Joint Joint Joint Joint VentureVentureVentureVenture
All partners All partners All partners All partners
combinedcombinedcombinedcombined
Each Each Each Each
partnerpartnerpartnerpartner
At least 1 At least 1 At least 1 At least 1
partnerpartnerpartnerpartner
Statutory and General RequirementsStatutory and General
RequirementsStatutory and General RequirementsStatutory and General
Requirements
No of
documents
Bidder must submit number of
documents under this instructions
Must meet requirement
Must meet requirement
N/A N / A • Number of documents, TWO in number, one (1)
original, one (1)
copy under ONE ENVELOP
SYSTEM in line with Section III-
Instructions to Tenderers, clause 4.
Registration as
a Company
Bidder Must be a legally
constituted firm according to the
laws of Kenya and must have
been in operation for at least 4 least 4 least 4 least 4
years as per certificate of years as per certificate of years as
per certificate of years as per certificate of
incorporationincorporationincorporationincorporation
Must meet requirement
N / A Must meet requirement
N / A Certificate of Incorporation; • Fully completed -
Confidential
Business Questionnaire – Section Section Section Section
VIII of Standard FormsVIII of Standard FormsVIII of Standard
FormsVIII of Standard Forms
Tax
Compliance
Bidder MUST be Tax Registered
and be Tax Compliant
Must meet requirement
N / A Must meet requirement
N / A • Current and valid Tax Compliance Certificate – valid as
of submission
deadline.
Physical
address
Must have a physical office and
works yard
Must meet requirement
N / A Must meet requirement
N / A • Current and valid Single Business Permit as of the
submission
deadline.
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SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement
BidderBidderBidderBidder Documentation RequiredDocumentation
RequiredDocumentation RequiredDocumentation Required Provided
Provided Provided Provided
(Y/N)/ or (Y/N)/ or (Y/N)/ or (Y/N)/ or
N/AN/AN/AN/A Single EntitySingle EntitySingle EntitySingle
Entity Joint Joint Joint Joint VentureVentureVentureVenture
All partners All partners All partners All partners
combinedcombinedcombinedcombined
Each Each Each Each
partnerpartnerpartnerpartner
At least 1 At least 1 At least 1 At least 1
partnerpartnerpartnerpartner
Registration by
National
Construction
Authority
At least category NCANCANCANCA8888 for for for for water water
water water
works works works works
Must meet requirement
N / A N/A Must meet requirement.
• Current and valid NCA categorization as per requirements
column;
• Current and valid annual practising certificate for the
above.
Site Visit Bidder or representative shall
attend Site visit scheduled as per Tender Advert
Must meet requirement
N / A Must meet requirement
N / A Tenderer to attend site visit as per Tenderer to attend
site visit as per Tenderer to attend site visit as per Tenderer to
attend site visit as per Invitation to Tender/Advert;Invitation to
Tender/Advert;Invitation to Tender/Advert;Invitation to
Tender/Advert;
• Bidder to sign site visit attendance register and shall be
issued with a CERTIFICATE OF BIDDER’S Pre-
Bid Site Visit certificate;
• Bidders to attach CERTIFICATE OF BIDDER”S PRE-BID SITE
VISIT
endorsed by the county EU IDEAS
Project Coordinator.
Tender Sum
and Tender
Validity Period
Bidder shall quote the Tender
Sum and Validity period and as
per Invitation to Tenders
Must meet requirement
Must meet requirement
N / A N / A • Completed Form of Tender – Section VIII of
Standard FormsSection VIII of Standard FormsSection VIII of
Standard FormsSection VIII of Standard Forms
Bid Security The Bidder shall furnish as part of its bid, a bid
security in form as
specified under Section I Section I Section I Section I ----
Invitation to Tenders.Invitation to Tenders.Invitation to
Tenders.Invitation to Tenders.
Must meet requirement
Must meet requirement
N / A N / A • The Bidder shall furnish as part of its bid, a bid
security in form as
specified under Section I Section I Section I Section I ----
Invitation to Tenders;Invitation to Tenders;Invitation to
Tenders;Invitation to Tenders;
• In the format of – Section VIII Section VIII Section VIII
Section VIII –––– Standard Forms Standard Forms Standard Forms
Standard Forms –––– Form of Tender Form of Tender Form of Tender
Form of Tender
Security Security Security Security and clearly indicating
validity period/period under
which claims may be made.
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SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement
BidderBidderBidderBidder Documentation RequiredDocumentation
RequiredDocumentation RequiredDocumentation Required Provided
Provided Provided Provided
(Y/N)/ or (Y/N)/ or (Y/N)/ or (Y/N)/ or
N/AN/AN/AN/A Single EntitySingle EntitySingle EntitySingle
Entity Joint Joint Joint Joint VentureVentureVentureVenture
All partners All partners All partners All partners
combinedcombinedcombinedcombined
Each Each Each Each
partnerpartnerpartnerpartner
At least 1 At least 1 At least 1 At least 1
partnerpartnerpartnerpartner
Sanctity of the
bid document
Having the document intact,
legible, sequential
pagination/serialization of all
pages including attachments, well
bound, (not tempered with in
any way and signed by the
authorized person - granted by
power of attorney)
Must meet requirement
Must meet requirement
N / A N / A Properly prepared Bid which should :-
• Be sequentially serialized from front page to last page
including
all attachments;
• Stamping, signing, and dating where required within the
document including the standard
forms;
• Well bound and not loose.
Bidding Forms and Other RequirementsBidding Forms and Other
RequirementsBidding Forms and Other RequirementsBidding Forms and
Other Requirements
Bidder
Information
The bidder is to complete
mandatory standard forms.
Must meet requirement
N / A Must meet requirement
N / A Fully completed Standard Forms;
• Form of Tender;Form of Tender;Form of Tender;Form of Tender; •
Qualification information form;Qualification information
form;Qualification information form;Qualification information form;
• Tender Questionnaire;Tender Questionnaire;Tender
Questionnaire;Tender Questionnaire; • Confidential Business
Confidential Business Confidential Business Confidential
Business
Questionnaire; Questionnaire; Questionnaire; Questionnaire; •
Details of SubDetails of SubDetails of SubDetails of
Sub----ContractorsContractorsContractorsContractors • Schedule of
Plant and Equipment;Schedule of Plant and Equipment;Schedule of
Plant and Equipment;Schedule of Plant and Equipment; • Schedule of
ParticularsSchedule of ParticularsSchedule of ParticularsSchedule
of Particulars Section VIII Section VIII Section VIII Section VIII
–––– Standard formsStandard formsStandard formsStandard forms
Joint Venture
Documents
Bids submitted by a JV shall
include a Joint Venture
Agreement entered into by all
partners.
N / A Must meet requirement
N/A N / A • Joint Venture Agreement properly executed by a
commissioner of oaths;
• Completed Qualification Completed Qualification Completed
Qualification Completed Qualification Information Form Information
Form Information Form Information Form ---- Section Section Section
Section VIII VIII VIII VIII ––––
Standard FormsStandard FormsStandard FormsStandard Forms
Schedule of
Unit Rates
The Schedules - the Bill of
Quantities shall be prepared.
Must meet requirement
Must meet requirement
N / A N / A • Completed schedule of unit rates (The Bills of
Quantities), with
rates consistently applied for
similar items within the Bills of
Quantities;
• No frontloading from 1 above.
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SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement
BidderBidderBidderBidder Documentation RequiredDocumentation
RequiredDocumentation RequiredDocumentation Required Provided
Provided Provided Provided
(Y/N)/ or (Y/N)/ or (Y/N)/ or (Y/N)/ or
N/AN/AN/AN/A Single EntitySingle EntitySingle EntitySingle
Entity Joint Joint Joint Joint VentureVentureVentureVenture
All partners All partners All partners All partners
combinedcombinedcombinedcombined
Each Each Each Each
partnerpartnerpartnerpartner
At least 1 At least 1 At least 1 At least 1
partnerpartnerpartnerpartner
EligibilityEligibilityEligibilityEligibility
Historical Contract NonHistorical Contract NonHistorical
Contract NonHistorical Contract
Non----PerformancePerformancePerformancePerformance
Pending
Litigation/Litiga
tion History &
Bidder
debarment/Bid
der ineligibility
• The bidder to declare pending litigation and the values of
the
cases citing whether these litigation could adversely affect
going concern of the bidder or
smooth delivery/completion of
the project in question.
Must meet requirement
N / A Must meet requirement
N / A Completed Qualification Information Completed
Qualification Information Completed Qualification Information
Completed Qualification Information Form Form Form Form ----
Section VIII Section VIII Section VIII Section VIII –––– Standard
FormsStandard FormsStandard FormsStandard Forms
Financial SituationFinancial SituationFinancial
SituationFinancial Situation
Historical
Financial
Performance
Submission of audited reports for
the last two financial years (2017,
and 2018)
Must meet requirement
Must meet requirement
N/A N / A Audited financial reports for the last two years (2017
and 2018) certified
by a CPA(K) auditor and consistent
with Section VIII Section VIII Section VIII Section VIII ----
Standard Form Standard Form Standard Form Standard Form ----
Qualification Information FormQualification Information
FormQualification Information FormQualification Information
Form
Average
Annual
Turnover
Minimum average annual
turnover of Kenya Shillings at
least KES30Million for the last
two years as demonstrated by the
audited financial statements
Must meet requirement
Must meet requirement
N/A Must meet requirement
Audited financial reports for the last
two years (2017 and 2018) certified
by a CPA(K) auditor and consistent
with Section VIII Section VIII Section VIII Section VIII ----
Standard Form Standard Form Standard Form Standard Form ----
Qualification Information FormQualification Information
FormQualification Information FormQualification Information
Form
ExperienceExperienceExperienceExperience
General
Experience (
Years of
Experience)
The company must have been in The company must have been in The
company must have been in The company must have been in
operation for at least 4 years. operation for at least 4 years.
operation for at least 4 years. operation for at least 4 years.
Must meet requirement
Must meet requirements
Must meet requirement
N/A Certificate of incorporation
Specific
Experience
Participation as contractor,
management contractor, or
subcontractor, in at least three (3)
water works contracts each with
Must meet requirement
Must meet requirements
N / A N/A • List of projects – Name, Contracting Authority,
project/contract budget, when
completed, and contract amounts
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SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement
BidderBidderBidderBidder Documentation RequiredDocumentation
RequiredDocumentation RequiredDocumentation Required Provided
Provided Provided Provided
(Y/N)/ or (Y/N)/ or (Y/N)/ or (Y/N)/ or
N/AN/AN/AN/A Single EntitySingle EntitySingle EntitySingle
Entity Joint Joint Joint Joint VentureVentureVentureVenture
All partners All partners All partners All partners
combinedcombinedcombinedcombined
Each Each Each Each
partnerpartnerpartnerpartner
At least 1 At least 1 At least 1 At least 1
partnerpartnerpartnerpartner
a value of at least KShs10million
within the last five (10) years
(2014 to 2018), or combined
water works experience of KShs
40M over the same period. The The The The
water works should have been water works should have been water
works should have been water works should have been
successfully & fully completed and successfully & fully
completed and successfully & fully completed and successfully
& fully completed and
that are of the same nature to the that are of the same nature
to the that are of the same nature to the that are of the same
nature to the
proposed Worksproposed Worksproposed Worksproposed Works and
should be
supported by work completion &
site handover certificate
in monetary terms. This
information should be
summarised under Section VIII Section VIII Section VIII Section
VIII
Standard Forms Standard Forms Standard Forms Standard Forms ----
Qualification Qualification Qualification Qualification
Information Form; Information Form; Information Form;
Information Form;
• Corresponding award letters, award letters, award letters,
award letters, project completion certificates, project completion
certificates, project completion certificates, project completion
certificates,
contracts etc. Mere listing without contracts etc. Mere listing
without contracts etc. Mere listing without contracts etc. Mere
listing without
proofs proofs proofs proofs –––– award/contract letters,
award/contract letters, award/contract letters, award/contract
letters,
completion and handover completion and handover completion and
handover completion and handover
certificates will not be considered.certificates will not be
considered.certificates will not be considered.certificates will
not be considered.
NOTE: Tenderers/Bidders must meet all Mandatory Requirements to
be considered for Technical EvaluationNOTE: Tenderers/Bidders must
meet all Mandatory Requirements to be considered for Technical
EvaluationNOTE: Tenderers/Bidders must meet all Mandatory
Requirements to be considered for Technical EvaluationNOTE:
Tenderers/Bidders must meet all Mandatory Requirements to be
considered for Technical Evaluation
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SECTION III (B) SECTION III (B) SECTION III (B) SECTION III (B)
---- APPENDIX TO INSTRUCTIONS TO TENDERERS APPENDIX TO INSTRUCTIONS
TO TENDERERS APPENDIX TO INSTRUCTIONS TO TENDERERS APPENDIX TO
INSTRUCTIONS TO TENDERERS –––– EVALUATION CRITERIAEVALUATION
CRITERIAEVALUATION CRITERIAEVALUATION CRITERIA
1.1.1.1.1.1.1.1. Evaluation CriteriaEvaluation
CriteriaEvaluation CriteriaEvaluation Criteria Evaluation criteria
shall comprise two stages (1) Technical Evaluation and (2)
Financial Evaluation
1.1.1.1.1.1.1.1.1.1.1.1. Technical Evaluation CriteriaTechnical
Evaluation CriteriaTechnical Evaluation CriteriaTechnical
Evaluation Criteria Technical Evaluation shall comprise scoring of
bidders under various attributes in the table below Technical
Evaluation shall comprise scoring of bidders under various
attributes in the table below Technical Evaluation shall comprise
scoring of bidders under various attributes in the table below
Technical Evaluation shall comprise scoring of bidders under
various attributes in the table below –––– Table of Scoring
Matrix.Table of Scoring Matrix.Table of Scoring Matrix.Table of
Scoring Matrix. To earn maximum scores, a bidder must (1) provide
supporting documents as
per criteria (2) provide very precise/specific and relevant
information as per criteria (3) provide as
many/much information as possible to earn more points. A bidder
must score a mA bidder must score a mA bidder must score a mA
bidder must score a minimum of 50 inimum of 50 inimum of 50 inimum
of 50
points to be considered for Financial Evaluationpoints to be
considered for Financial Evaluationpoints to be considered for
Financial Evaluationpoints to be considered for Financial
Evaluation
Table of Scoring MatrixTable of Scoring MatrixTable of Scoring
MatrixTable of Scoring Matrix
SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement Maximum Maximum
Maximum Maximum
scorescorescorescore
Awarded Awarded Awarded Awarded
scorescorescorescore
Financial SituationFinancial SituationFinancial
SituationFinancial Situation
Current Ratio defined as
how many times current
assets cover current
liabilities ( Current Assets
Divided(/) by Current
Liabilities
Audited financial report for the last Two (2 number) Audited
financial report for the last Two (2 number) Audited financial
report for the last Two (2 number) Audited financial report for the
last Two (2 number)
years 2017, 2018 years 2017, 2018 years 2017, 2018 years 2017,
2018 ---- (choose either of the qualification below):
Average Current Ratio of Two (2Number) and above 7
Average Current Ratio of One(1) and below Two
(2Number)
5
Annual Turnover defined
as Gross Sales/Gross
revenue that does not
include sale of Capital
Assets
Audited financial report for the last Two (2 number) Audited
financial report for the last Two (2 number) Audited financial
report for the last Two (2 number) Audited financial report for the
last Two (2 number)
years years years years 2017 & 2018(choose either of the
qualification below):
• Average Annual Turnover above 80Million/Year 8 • Average
Annual Turnover of and up to
80Million/Year
5
• Average Annual Turnover below 50Million/Year 3 Financial
CapacityFinancial CapacityFinancial CapacityFinancial Capacity
15151515
EXPERIENCE EXPERIENCE EXPERIENCE EXPERIENCE
Contract implemented &
completed in the past
five (5number) years
related to civil works and project in question
(2014 to 2018)
Information on past completed works of similar nature,
complexity and magnitude. Bidders to provide a)
Contract agreements/LPOs, completion & handover
certificate & completed Standard Form – Section VIII –
Qualification Information Form (choose either of the qualification
below):
Contracts value of and above KES80M 25
Contracts value below KES80M 15
Contracts value below KES50M 5
Experience in
implementing works
projects in difficulty to
reach areas
Similar building works projects implemented in Baringo, Similar
building works projects implemented in Baringo, Similar building
works projects implemented in Baringo, Similar building works
projects implemented in Baringo,
Samburu, & West Pokot Counties. Tenders must prepare
Samburu, & West Pokot Counties. Tenders must prepare Samburu,
& West Pokot Counties. Tenders must prepare Samburu, & West
Pokot Counties. Tenders must prepare
a list, and attach award & completion certificates for a
list, and attach award & completion certificates for a list,
and attach award & completion certificates for a list, and
attach award & completion certificates for
each project to earn points. each project to earn points. each
project to earn points. each project to earn points.
Projects of similar nature, complexity and magnitude - at
least project(s) worth above KES20M single or combined
15
Projects of similar nature, complexity and magnitude - at
least project(s) worth KES20M single or combined
8
Past & Specific Past & Specific Past & Specific Past
& Specific ExperienceExperienceExperienceExperience
40404040
Key PersonnelKey PersonnelKey PersonnelKey Personnel
Schedule of Bidder's proposed personnel and their
experience.Schedule of Bidder's proposed personnel and their
experience.Schedule of Bidder's proposed personnel and their
experience.Schedule of Bidder's proposed personnel and their
experience. AttachCV describing
the person, education background, years of experience, key
experience as per the requirements column & evidence of
qualification (certificates, recommendations, , recommendations, ,
recommendations, , recommendations,
service completion certificates etc.service completion
certificates etc.service completion certificates etc.service
completion certificates etc.). To earn maximum points, tenderers
must make To earn maximum points, tenderers must make To earn
maximum points, tenderers must make To earn maximum points,
tenderers must make
sure education qualification, experience in similar works and
position are well sure education qualification, experience in
similar works and position are well sure education qualification,
experience in similar works and position are well sure education
qualification, experience in similar works and position are
well
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18 | P a g e
SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement Maximum Maximum
Maximum Maximum
scorescorescorescore
Awarded Awarded Awarded Awarded
scorescorescorescore
described and backed with evidences. Tenderers must also
compdescribed and backed with evidences. Tenderers must also
compdescribed and backed with evidences. Tenderers must also
compdescribed and backed with evidences. Tenderers must also
complete section VIII lete section VIII lete section VIII lete
section VIII ––––
Standard FormsStandard FormsStandard FormsStandard Forms
Project Manager i. More than a diploma in Civil Engineering,
Building Economics, Quantity Surveyor or
Architectural Engineering field = 1 point
1
ii. Similar Works Experience (Over 5 years = 2 points, 4-5years
= 1 point.)
2
iii. Experience in position of team leader/project manager in
similar projects ( More than 5
projects = 2 points, 4-5 projects = 1 point,)
2
Site Agent i. More than a diploma in Civil Engineering or
Projects Management = 1 point,
1
ii. Similar Works Experience (Over 5 years = 2 points, 4-5years
= 1 point.
2
iii. Experience in position of Site Agent in similar projects
(More than 5 projects = 2 points, 4-5
projects = 1 points)
2
Site Surveyor i. More than a diploma in Engineering
Survey/Quantity Survey = 1 point.
1
ii. Similar Works Experience (Over 5 years = 2 points, 4-5years
= 1 point.)
2
iii. Experience in position of surveyor in similar projects
(Over 5 years = 2 points, 4-5years = 1
point.)
2
Electrical Engineer i. More than a diploma in electrical
engineering = 1 point.
1
ii. Similar Works Experience (Over 5 years = 2 points, 4-5years
= 1 point.)
2
iii. Experience in position of surveyor in similar projects
(Over 5 years = 2 points, 4-5years = 1
point.)
2
KEY PERSONNELKEY PERSONNELKEY PERSONNELKEY PERSONNEL
20202020
Key EquipmentKey EquipmentKey EquipmentKey Equipment
Proof of Proof of Proof of Proof of equipment ownership
equipment ownership equipment ownership equipment ownership
----Logbooks/lease agreements in the name of the
bidder/or any other verifiable proofs including purchase
receipts for im/mobile
equipment without logbooks/registration documents. To earn
maximum points, To earn maximum points, To earn maximum points, To
earn maximum points, tenderers must make sure that extratenderers
must make sure that extratenderers must make sure that
extratenderers must make sure that extra equipment/machinery is
well supported with equipment/machinery is well supported with
equipment/machinery is well supported with equipment/machinery is
well supported with
ownership/lease agreement documents. Mere MoUs will earn no
points.Tenderers ownership/lease agreement documents. Mere MoUs
will earn no points.Tenderers ownership/lease agreement documents.
Mere MoUs will earn no points.Tenderers ownership/lease agreement
documents. Mere MoUs will earn no points.Tenderers
Formatted: Space After: Auto
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SubSubSubSub----FactorFactorFactorFactor
RequirementRequirementRequirementRequirement Maximum Maximum
Maximum Maximum
scorescorescorescore
Awarded Awarded Awarded Awarded
scorescorescorescore
must also complete section VIII must also complete section VIII
must also complete section VIII must also complete section VIII
–––– Standard FormsStandard FormsStandard FormsStandard Forms
Concrete Mixer Schedule of contractor's Concrete Mixers (Attach
proof
or evidence of ownership/lease
• At least one (1) quantity 2 Pick-Up Truck Schedule of
contractor's Pick-Up Trucks(Attach proof or
evidence of ownership/lease
• At least one (1) quantity 2 Water Bowser Schedule of
contractor's Water Bowsers (Attach proof or
evidence of ownership/lease
• At least one (1) quantity 1 Key Equipment Key Equipment Key
Equipment Key Equipment 5555
Summary of Technical ScoreSummary of Technical ScoreSummary of
Technical ScoreSummary of Technical Score
ItemItemItemItem CategoryCategoryCategoryCategory Maximum
Maximum Maximum Maximum
ScoreScoreScoreScore
Awarded Awarded Awarded Awarded
ScoreScoreScoreScore
1 Financial Capacity 15
2 Past and Specific Experience 40
3 Key Personnel 20
4 Equipment 5
TECHNICAL SCORE, TsTECHNICAL SCORE, TsTECHNICAL SCORE,
TsTECHNICAL SCORE, Ts 80808080
1.1.2.1.1.2.1.1.2.1.1.2. Financial EvaluationFinancial
EvaluationFinancial EvaluationFinancial Evaluation All tenders that
shall qualify from technical evaluation shall be considered for
financial evaluation.
Financial evaluation shall involve;
o Evaluation of completeness of the tender sum. The Form of
Tender of Tender must be properly completed, amounts in words and
figures and signed and stamped where appropriate;
o BidSum comparisons. All bids shall be compared and ranked
according to their bid sums from the lowest bid sum to the
highest.
1.1.21.1.21.1.21.1.2 AwardAwardAwardAward The Tenderer that
shall have quoted the lowest price shall be considered for award
The Tenderer that shall have quoted the lowest price shall be
considered for award The Tenderer that shall have quoted the lowest
price shall be considered for award The Tenderer that shall have
quoted the lowest price shall be considered for award after a
successful
tenderer due diligence whose essence shall be to confirm the
correctness of information provided
during the bidding process. If the bidder is found to have given
falsefalsefalsefalse information, the bidder shall be disqualified
automatically without further reference to the bidder and in such a
case the next second
lowest bidder shall be considered subject to the same
verification processes.
The The The The bidder that shall emerge successful after the
due diligence process shall be awarded the bidder that shall emerge
successful after the due diligence process shall be awarded the
bidder that shall emerge successful after the due diligence process
shall be awarded the bidder that shall emerge successful after the
due diligence process shall be awarded the
assignment and thereafter contracted subject to successful
negotiations whose main aim shall be to assignment and thereafter
contracted subject to successful negotiations whose main aim shall
be to assignment and thereafter contracted subject to successful
negotiations whose main aim shall be to assignment and thereafter
contracted subject to successful negotiations whose main aim shall
be to
harmonize the procuring entity’s harmonize the procuring
entity’s harmonize the procuring entity’s harmonize the procuring
entity’s expectations with the bidder’s quoted rates, offer
anexpectations with the bidder’s quoted rates, offer anexpectations
with the bidder’s quoted rates, offer anexpectations with the
bidder’s quoted rates, offer and total bid sum. d total bid sum. d
total bid sum. d total bid sum.
The agenda for The agenda for The agenda for The agenda for
these discussions shall be communicated in writing.
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SECTION IV SECTION IV SECTION IV SECTION IV ---- CONDITIONS OF
CONTRACTCONDITIONS OF CONTRACTCONDITIONS OF CONTRACTCONDITIONS OF
CONTRACT
1.1.1.1. DefinitionsDefinitionsDefinitionsDefinitions 1.1 In
this Contract, except where context otherwise requires, the
following terms shall be interpreted as
indicated;
“Bill of Quantities”“Bill of Quantities”“Bill of
Quantities”“Bill of Quantities” means the priced and completed Bill
of Quantities forming part of the
tender.
“Compensation Events”“Compensation Events”“Compensation
Events”“Compensation Events” are those defined in Clause 24
hereunder.
“The Completion Date”“The Completion Date”“The Completion
Date”“The Completion Date” means the date of completion of the
Works as certified by the
Project Manager, in accordance with Clause 31.
“The Contract”“The Contract”“The Contract”“The Contract” means
the agreement entered into between the Employer and the
Contractor
as recorded in the Agreement Form and signed by the parties
including all attachments and appendices thereto and all documents
incorporated by reference therein to execute,
complete, and maintain the Works,
“The Contractor”“The Contractor”“The Contractor”“The Contractor”
refers to the person or corporate body whose tender to carry out
the
Works has been accepted by the Employer.
“The Contractor’s Tender “The Contractor’s Tender “The
Contractor’s Tender “The Contractor’s Tender is the completed
tendering document submitted by the Contractor
to the Employer.
“The Contract Price” “The Contract Price” “The Contract Price”
“The Contract Price” is the price stated in the Letter of
Acceptance and thereafter as adjusted
in accordance with the provisions of the Contract.
“Days” “Days” “Days” “Days” are calendar days;
“Months”“Months”“Months”“Months” are calendar months.
“A Defect” “A Defect” “A Defect” “A Defect” is any part of the
Works not completed in accordance with the Contract.
“The Defects Liability Certificate” “The Defects Liability
Certificate” “The Defects Liability Certificate” “The Defects
Liability Certificate” is the certificate issued by Project Manager
upon correction
of defects by the Contractor.
“The Defects Liability Period” “The Defects Liability Period”
“The Defects Liability Period” “The Defects Liability Period” is
the period named in the Contract Data and calculated from
the Completion Date.
“Drawings”“Drawings”“Drawings”“Drawings” include calculations
and other information provided or approved by the Project
Manager for the execution of the Contract.
“Day works” “Day works” “Day works” “Day works” are Work inputs
subject to payment on a time basis for labour and the
associated materials and plant.
“Employer”, “Employer”, “Employer”, “Employer”, orthe “Procuring
entity”“Procuring entity”“Procuring entity”“Procuring entity” as
defined in the Public Procurement Regulations (i.e.
Central or Local Government administration, Universities, Public
Institutions and
Corporations, etc.) is the party who employs the Contractor to
carry out the Works.
“Equipment” “Equipment” “Equipment” “Equipment” is the
Contractor’s machinery and vehicles brought temporarily to the Site
for
the execution of the Works.
“The Intended Completion Date”“The Intended Completion Date”“The
Intended Completion Date”“The Intended Completion Date” is the date
on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date may be revised
only by the Project Manager by issuing an extension of time or an
acceleration order.
“Materials” “Materials” “Materials” “Materials” are all
supplies, including consumables, used by the Contractor for
incorporation
in the Works.
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“Plant” “Plant” “Plant” “Plant” is any integral part of the
Works that shall have a mechanical, electrical, chemical, or
biological function.
“Project Manager” “Project Manager” “Project Manager” “Project
Manager” is the person named in the Appendix to Conditions of
Contract (or any other competent person appointed by the Employer
and notified to the Contractor, to act in
replacement of the Project Manager) who is responsible for
supervising the execution of the
Works and administering the Contract and shall be an “Architect”
or a “Quantity Surveyor”
registered under the Architects and Quantity Surveyors Act Cap
525 or an “Engineer”
registered under Engineers Registration Act Cap 530.
“Site” “Site” “Site” “Site” is the area defined as such in the
Appendix to Condition of Contract.
“Site Investigation Reports” “Site Investigation Reports” “Site
Investigation Reports” “Site Investigation Reports” are those
reports that may be included in the tendering
documents which are factual and interpretative about the surface
and subsurface conditions at the Site.
“Specifications” “Specifications” “Specifications”
“Specifications” means the Specifications of the Works included in
the Contract and any
modification or addition made or approved by the Project
Manager.
“Start Date” “Start Date” “Start Date” “Start Date” is the
latest date when the Contractor shall commence execution of the
Works.
It does not necessarily coincide with the Site possession
date(s).
“A Subcontractor” “A Subcontractor” “A Subcontractor” “A
Subcontractor” is a person or corporate body who has a Contract
with the Contractor to carry out a part of the Work in the
Contract, which includes Work on the Site.
“Temporary works” “Temporary works” “Temporary works” “Temporary
works” are works designed, constructed, installed, and removed by
the
Contractor which are needed for construction or installation of
the Works.
“A Variation” “A Variation” “A Variation” “A Variation” is an
instruction given by the Project Manager which varies the
Works.
“The Works” “The Works” “The Works” “The Works” are what the
Contract requires the Contractor to construct, install, and
turnover to the
Employer, as defined in the Appendix to Conditions of
Contract.
2.2.2.2.
InterpretationInterpretationInterpretationInterpretation 2.1 In
interpreting these Conditions of Contract, singular also means
plural, male also means female or
neuter, and the other way around. Headings have no significance.
Words have their normal
meaning in English Language unless specifically defined. The
Project Manager will provide instructions
clarifying queries about these Conditions of Contract.
2.2 If sectional completion is specified in the Appendix to
Conditions of Contract, reference in the Conditions of Contract to
the Works, the Completion Date and the Intended Completion Date
apply
to any section of the Works (other than references to the
Intended Completion Date for the whole of the Works).
2.3 The following documents shall constitute the Contract
documents and shall be interpreted in the following order of
priority;
(1) Form of Agreement, (2) Letter of Acceptance, (3)
Contractor’s Tender, (4) Conditions of Contract, (5) Appendix to
Conditions of Contract, (6) Specifications, (7) Drawings, (8) Bill
of Quantities,
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(9) Any other documents listed in the Appendix to Conditions of
Contract as forming part of the Contract.
Immediately after the execution of the Contract, the Project
Manager shall furnish both the
Employer and the Contractor with two copies each of all the
Contract documents. Further, as and when necessary the Project
Manager shall furnish the Contractor [always with a copy to the
Employer] with three [3] copies of such further drawings or
details or descriptive schedules as are
reasonably necessary either to explain or amplify the Contract
drawings or to enable the
Contractor to carry out and complete the Works in accordance
with these Conditions.
3. Language and Law3. Language and Law3. Language and Law3.
Language and Law
3.1 Language of the Contract and the law governing the Contract
shall be English language and the Laws of Kenya respectively unless
otherwise stated.
4444 Project Manager’s DecisionsProject Manager’s
DecisionsProject Manager’s DecisionsProject Manager’s Decisions
4.14.14.14.1 Except where otherwise specifically stated, the
Project Manager will decide contractual
matters between the Employer and the Contractor in the role
representing the Employer.
5555 DelegationDelegationDelegationDelegation 5.1 The Project
Manager may delegate any of his duties and responsibilities to
others after
notifying the Contractor.
6666 CommunicationsCommunicationsCommunicationsCommunications
6.1 Communication between parties shall be effective only when in
writing. A notice shall be
effective only when it is delivered.
7777 SubcontractingSubcontractingSubcontractingSubcontracting
7.1 The Contractor may subcontract with the approval of the Project
Manager, but may not
assign the Contract without the approval of the Employer in
writing. Subcontracting shall not
alter the Contractor’s obligations.
8888 Other ContractorsOther ContractorsOther ContractorsOther
Contractors 8.1 The Contractor shall cooperate and share the Site
with other contractors, public authorities,
utilities etc. as listed in the Appendix to Conditions of
Contract and also with the Employer,
as per the directions of the Project Manager. The Contractor
shall also provide facilities and
services for them. The Employer may modify the said List of
Other Contractors etc., and shall
notify the Contractor of any such modification.
9999 PersonnelPersonnelPersonnelPersonnel 9.1 The Contractor
shall employ the key personnel named in the Qualification
Information, to
carry out the functions stated in the said Information or other
personnel approved by the
Project Manager. The Project Manager will approve any proposed
replacement of key
personnel only if their relevant qualifications and abilities
are substantially equal to or better
than those of the personnel listed in the Qualification
Information. If the Project Manager asks the Contractor to remove a
person who is a member of the Contractor’s staff or work
force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within
seven days and has no further connection with the Work in the
Contract.
10101010 WorksWorksWorksWorks 10.1 The Contractor shall
construct and install the Works in accordance with the
Specifications and
Drawings. The Works may commence on the Start Date and shall be
carried out in
accordance with the Program submitted by the Contractor, as
updated with the approval of
the Project Manager, and complete them by the Intended
Completion Date.
11111111 Safety and Temporary Works Safety and Temporary Works
Safety and Temporary Works Safety and Temporary Works
11.1 The Contractor shall be responsible for the design of
temporary works. However before erecting the same, he shall submit
his designs including specifications and drawings to the
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Project Manager and to any other relevant third parties for
their approval. No erection of
temporary works shall be done until such approvals are
obtained.
11.2 The Project Manager’s approval shall not alter the
Contractor’s responsibility for design of the Temporary works and
all drawings prepared by the Contractor for the execution of the
temporary or permanent Works, shall be subject to prior approval by
the Project Manager
before they can be used.
11.3 The Contractor shall be responsible for the safety of all
activities on the Site.
12.12.12.12. DiscoveriesDiscoveriesDiscoveriesDiscoveries
12.1 Anything of historical or other interest or of significant
value unexpectedly discovered on Site
shall be the property of the Employer. The Contractor shall
notify the Project Manager of
such discoveries and carry out the Project Manager’s
instructions for dealing with them.
13.13.13.13. Work ProgramWork ProgramWork ProgramWork
Program
13.1 Within the time stated in the Appendix to Conditions of
Contract, the Contractor shall submit to the Project Manager for
approval a program showing the general methods, arrangements,
order, and timing for all the activities in the Works. An update
of the program shall be a
program showing the actual progress achieved on each activity
and the effect of the progress
achieved on the timing of the remaining Work, including any
changes to the sequence of the
activities.
The Contractor shall submit to the Project Manager for approval
an updated program at intervals no longer than the period stated in
the Appendix to Conditions of Contract. If the
Contractor does not submit an updated program within this
period, the Project Manager may
withhold the amount stated in the said Appendix from the next
payment certificate and
continue to withhold this amount until the next payment after
the date on which the
overdue program has been submitted. The Project Manager’s
approval of the program shall
not alter the Contractor’s obligations. The Contractor may
revise the program and submit it
to the Project Manager again at any time. A revised program
shall show the effect of
Variations and Compensation Events.
Possession of SitePossession of SitePossession of SitePossession
of Site
13.2 The Employer shall give possession of all parts of the Site
to the Contractor. If possession of a part is not given by the date
stated in the Appendix to Conditions of Contract, the Employer
will be deemed to have delayed the start of the relevant
activities, and this will be a
Compensation Event.
14.14.14.14. Access to SiteAccess to SiteAccess to SiteAccess to
Site 14.1 The Contractor shall allow the Project Manager and any
other person authorized by the
Project Manager, access to the Site and to any place where work
in connection with the
Contract is being carried out or is intended to be carried
out.
15.15.15.15. InstructionsInstructionsInstructionsInstructions
15.1 The Contractor shall carry out all instructions of the Project
Manager which are in accordance
with the Contract.
16.16.16.16. Extension or Acceleration of Completion
DateExtension or Acceleration of Completion DateExtension or
Acceleration of Completion DateExtension or Acceleration of
Completion Date 16.1 The Project Manager shall extend the Intended
Completion Date if a Compensation Event
occurs or a variation is issued which makes it impossible for
completion to be achieved by the
Intended Completion Date without the Contractor taking steps to
accelerate the remaining
Work, which would cause the Contractor to incur additional cost.
The Project Manager shall
decide whether and by how much to extend the Intended Completion
Date within 21 days of
the Contractor asking the Project Manager in writing for a
decision upon the effect of a
Compensation Event or variation and submitting full supporting
information. If the
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Contractor has failed to give early warning of a delay or has
failed to cooperate in dealing
with a delay, the delay caused by such failure shall not be
considered in assessing the new
(extended) Completion Date.
16.2 No bonus for early completion of the Works shall be paid to
the Contractor by the Employer.
17.17.17.17. Management MeetingsManagement MeetingsManagement
MeetingsManagement Meetings 17.1 A Contract management meeting
shall be held monthly and attended by the Project Manager
and the Contractor. Its business shall be to review the plans
for the remaining Work and to
deal with matters raised in accordance with the early warning
procedure. The Project
Manager shall record the minutes of management meetings and
provide copies of the same to
those attending the meeting and the Employer. The responsibility
of the parties for actions to
be taken shall be decided by the Project Manager either at the
management meeting or after
the management meeting and stated in writing to all who attended
the meeting.
18.18.18.18. Early WarningEarly WarningEarly WarningEarly
Warning 18.1 The Contractor shall warn the Project Manager at the
earliest opportunity of specific likely
future events or circumstances that may adversely affect the
quality of the Work, increase the
Contract Price or delay the execution of the Works. The Project
Manager may require the
Contractor to provide an estimate of the expected effect of the
future event or circumstance
on the Contract Price and Completion Date. The estimate shall be
provided by the
Contractor as soon as reasonably possible.
18.2 The Contractor shall cooperate with the Project Manager in
making and considering
proposals on how the effect of such an event or circumstance can
be avoided or reduced by
anyone involved in the Work and in carrying out any resulting
instructions of the Project
Manager.
19.19.19.19. DefectsDefectsDefectsDefects 19.1 The Project
Manager shall inspect the Contractor’s work and notify the
Contractor of any
defects that are found. Such inspection shall not affect the
Contractor’s responsibilities. The
Project Manager may instruct the Contractor to search for a
defect and to uncover and test
any Work that the Project Manager considers may have a defect.
Should the defect be found,
the cost of uncovering and making good shall be borne by the
Contractor, However, if there
is no defect found, the cost of uncovering and making good shall
be treated as a variation
and added to the Contract Price.
19.2 The Project Manager shall give notice to the Contractor of
any defects before the end of the Defects Liability Period, which
begins at Completion, and is defined in the Appendix to
Conditions of Contract. The Defects Liability Period shall be
extended for as long as defects
remain to be corrected.
19.3 Every time notice of a defect is given, the Contractor
shall correct the notified defect within the length of time spe